Potter preliminary hearing continued to April

Hearing set for Friday morning delayed after defendant said to be unable to handle required courtroom appearance.

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By Jason Hunsicker/@JHunsicker_KDE

Kirksville Daily Express - Kirksville, MO

By Jason Hunsicker/@JHunsicker_KDE

Posted Mar. 7, 2013 at 6:04 PM
Updated Mar 8, 2013 at 11:06 AM

By Jason Hunsicker/@JHunsicker_KDE

Posted Mar. 7, 2013 at 6:04 PM
Updated Mar 8, 2013 at 11:06 AM

Kirksville

Murder proceedings against a Kirksville man were delayed again Thursday afternoon after the defendant was declared unable to attend Friday’s preliminary hearing.

Paul R. Potter, 49, is facing first-degree murder and other charges connected to allegations he stabbed, killed and dismembered his neighbor, Willis Edward Meredith, of Kirksville, in January.

The preliminary hearing has now been continued to April 12 at 1 p.m., at which time testimony will be heard and evidence presented as the state tries to demonstrate probable cause for proceedings to be bound for trial in Adair County Circuit Court. It is at that point when Potter would be expected to enter a plea.

The preliminary hearing had been delayed once before due to Winter Storm Q.

In advance of his preliminary hearing, Judge Kristie Swaim was to hold a preliminary hearing Thursday in Associate Circuit Court regarding a request by local media outlets to have photo, video and recording devices present for the proceedings. At the outset, Prosecuting Attorney Matt Wilson requested Potter be present for the hearing, citing a desire to prevent “post-conviction” problems and ensure Potter’s rights are not violated.

Public defender Kevin Locke, representing Potter, said he believed his client’s presence was unnecessary, and requested Potter be allowed to appear via video conference from the jail if the court agreed with the state’s motion. Locke said he doubted his client would be able to cope with the unplanned appearance and also indicated he was uncertain if his client would be able to appear for Friday’s preliminary hearing.

Judge Swaim denied Locke’s request, and ordered Potter be brought to the courtroom from the Adair County Jail. After a recess of nearly one hour, Locke told the court his client was in no condition to appear in court for the hearing and requested a continuance for Friday’s preliminary hearing.

Wilson agreed, though he indicated in advance of the preliminary hearing the state would complete and file documents under Missouri Revised Statute chapter 552.

The chapter is titled “Criminal Proceedings Involving Mental Illness” and details steps in arguing whether a defendant is able to understand the proceedings and assist in his or her defense. The filing would seek an independent review to determine Potter’s mental capacity to stand trial.

All attorneys declined comment citing the ongoing proceedings. Additionally, Locke has made a motion restricting pretrial statements and dissemination of information to the media.

Potter allegedly stabbed Meredith multiple times before cutting the arms from the body. Documents state he later threw those arms at witnesses.

The crime was discovered after 11 p.m. Jan. 6, when emergency personnel were responding to a vehicle fire on Valley Forge Drive. It is alleged Potter set the vehicle fire in an effort to distract from and conceal the murder.